Agreement on full financial responsibility of the employee sample.

In the process of carrying out its activities, an economic entity engages hired employees. When performing their job duties, they use various company assets. So that the company can be calm about the safety of its funds, it is recommended that it draw up a liability agreement with all responsible employees.

Employees of a company may be held financially liable if they, through their actions or inactions, caused material damage to the organization.

These provisions are enshrined in law, and the employee can be exempted from it if the company’s material losses arose due to reasons beyond the employee’s control.

Such force majeure reasons include:

fires;
natural disasters;
floods and other disasters.

An employee is also exempt from financial liability if damage to property was caused as a result of his taking measures for self-defense.

Important! If an employee causes damage to the company, full financial liability arises only when a financial liability agreement is drawn up with this person.

Therefore, when hiring financially responsible persons, it is necessary to draw up an agreement on full financial responsibility. For example, with a storekeeper, driver, watchman, etc.

If this is not done, then the employee can only recover the amount of damage within the limits of his salary for one month. In this case, financial liability is limited.

An agreement on full financial liability can only be concluded with a company employee. Therefore, it is often considered an annex to the employment contract.

Attention! Often financial responsibility is established as a condition. Important for drawing up an agreement on full financial liability is the employee’s work with the company’s material assets.

In some cases, drawing up an agreement on full liability is mandatory.

Such professions include, for example:

cashier;
accountant;
storekeeper;
warehouse manager;
driver for the car;
watchman;
etc.

Types of contracts and what is their difference

There are several types of liability agreements. Let's take a closer look at them.

Characteristics	Individual agreement on full financial responsibility	Collective agreement on full financial responsibility
When is	Sharing of responsibilities is possible	Separation of responsibilities is not possible
Parties to the agreement	Employer and employee	The employer and the team of workers, which must be represented by its manager. He is appointed or elected by the members of the team.
Contents of the liability agreement		Standard content of a liability agreement. A list of situations when financial liability may arise must be included.
Who signs	Employer and Employee.	The employer and all employees included in the team.

Who will the contract be mostly concluded with?

The Labor Code of the Russian Federation allows the employer to enter into a full liability agreement only with certain categories of employees who have reached 18 years of age. The list of positions and jobs with which this can be done is listed in Resolution of the Ministry of Labor of Russia dated December 31, 2002 N 85.

This document includes two sections:

The first section contains a list of positions with which it is envisaged to conclude individual contracts for financial responsibility. In particular, this is provided for the cashier, cashier-controller, and other employees who have the duties of cashiers.
The second section contains a list of jobs, and full responsibility agreements can be concluded with the workers involved. This includes, for example, the acceptance and payment of various payments, the sale of any goods, work or services (including through the cash register, seller, waiter, etc.), servicing vending machines, producing coupons and subscriptions, etc.

Liability agreement sample 2019

What should the contract contain?

The law does not define any requirements for a liability agreement. Typically, each company draws up a standard template in which it indicates all the essential conditions of its day, and which, however, should not contradict the Labor Code.

The contract must begin with an indication of its name, as well as the place and date of its execution.

The next step is to identify each party to the contract. The company must indicate its name, information about the director, as well as the document on the basis of which he conducts his activities. For an employee, here you must indicate the position title and his full name.

Next, it is necessary to indicate in detail the responsibilities of the person to ensure the safety of the property. For example, here we can mention the obligation to document each movement of material assets, periodic inventory, etc.

Then it is necessary to describe the measures that the employer himself is taking to protect his property. For example, this may include installing a safe, equipping the premises with a security alarm, engaging a third-party security company (PSC), etc.

The contract must mention the provision of the employee with a job description and other documents establishing the need for full financial responsibility.

Next, it is necessary to indicate the cases in which the employee will be held financially liable. Situations in which such liability does not arise should be separately identified - for example, in the event of natural disasters, forced defense, etc.

Attention! The contract must indicate the number of copies in which the contract was drawn up, the procedure for its termination or extension for a new term.

The agreement must be completed with the details of each party, signatures and seals.

Is it possible to hold an employee financially liable without a contract?

The Labor Code establishes that an employee can be held financially liable only within the limits of his average monthly earnings, with the exception of other cases provided for.

Such other cases include:

If the Labor Code or federal laws impose full financial liability on the employee for damage caused during work;
If there is a shortage of valuables that were transferred to him on the basis of a written agreement or a one-time document;
If he caused the damage intentionally;
If he caused damage while under the influence of alcohol or drugs;
If the damage was caused as a result of criminal acts determined by the court;
If the damage occurred due to the disclosure of state, commercial or other secrets, when this is provided for by law;
The damage was caused due to the employee's failure to fulfill his duties.

Attention! Thus, the absence of an agreement on liability is actually the employer’s refusal to recover the full amount of damage from the employee. In this situation, it will be possible to bring him to justice only within the limits of his average monthly earnings.

If, in accordance with his job duties, an employee makes payments to clients, is responsible for accounting and preserving valuables, and works with the employer’s expensive property, it is worth concluding a liability agreement with him.

The positions of employees with whom it is possible to conclude an agreement on full individual financial responsibility are indicated in a special List, approved. Resolution of the Ministry of Labor of Russia No. 85 of December 31, 2002. Thus, the list includes such positions as cashier, warehouse manager, heads of trading enterprises, etc.

It must be remembered that an agreement on full individual financial responsibility cannot be concluded with all categories of employees (Articles 242-244 of the Labor Code of the Russian Federation). Such an agreement is not concluded:

With employees under 18 years of age (minors). However, this does not mean that such employees do not bear any responsibility for the destruction of property or its damage - if the damage was caused intentionally, while intoxicated or due to the commission of a crime, they bear full financial responsibility;
Employees who are registered under the GPA (for example, under a contract). In this case, the citizen is obliged to compensate the company for damages without any additional agreements between the parties.

In practice, there are situations when an employee’s job function includes duties that imply financial responsibility and those that do not. For example, a driver performs the duties of a freight forwarder. The position of a driver is not on the list approved by the Ministry of Labor, but the position of a forwarder is. In this case, it is also possible to conclude an agreement on financial responsibility with the employee, but in terms of those of his duties that allow it.

Agreement on individual liability (sample)

To draw up a liability agreement with an employee, a standard form has been approved, which is given in Appendix No. 2 to Resolution of the Ministry of Labor of Russia No. 85 of December 31, 2002.

The standard contract form contains the following information:

Names of the parties between whom the agreement is concluded;
Responsibilities of the employer (creating conditions necessary for work, conducting inventories and other checks);
Responsibilities of the employee (careful attitude towards entrusted property, keeping records of entrusted valuables, participation in inventories, etc.);
Instructions for determining the amount of damage.

If the employer needs it, the agreement on full individual financial responsibility (form) can be supplemented with the necessary information. In particular, establish certain responsibilities of the employee by position, indicate cases of inventory (for example, instructions on the need to carry out inventories if the employee goes on vacation).

The agreement is concluded in 2 copies, one copy for each of the parties. Both parties must sign the agreement, indicating their addresses and the date on which the agreement was concluded. A provision for concluding an agreement on financial liability can be included in an employment contract with an employee, but it is not mandatory.

on the full individual financial responsibility of the cashier-seller in a person acting on the basis, hereinafter referred to as " Employer", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Worker", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. An employee holding the position of a seller, performing the duties of a cashier and performing work on the sale of food products directly related to the storage and sale (dispensing) of valuables transferred to him in the established manner, assumes full financial responsibility for failure to ensure the safety of material valuables entrusted to him and in connection with as stated above undertakes:

1.1.1. Treat with care the material assets of the Employer transferred to him for storage and sale (vacation) and take measures to prevent damage;

1.1.2. Promptly inform the Employer about all circumstances that threaten the safety of the material assets entrusted to him;

1.1.3. Keep records, draw up and submit in the prescribed manner commodity-money and other reports on the movement and balances of material assets entrusted to him;

1.1.4. Participate in inventory, audit, and other verification of the safety and condition of material assets entrusted to him.

2. THE EMPLOYER IS OBLIGED

2.1.1. Create for the Employee the conditions necessary for normal work and ensuring the complete safety of the material assets entrusted to him;

2.1.2. Familiarize the Employee with the current legislation on the financial liability of employees for damage caused to the Employer, as well as with the current instructions, standards and rules for the storage, acceptance, sale (release) of material assets transferred to him;

2.1.3. Carry out inventory, audits and other checks of the safety of material assets in the prescribed manner.

2.2. In case of failure to ensure the safety of material assets entrusted to him through the fault of the Employee, the determination of the amount of damage caused to the Employer and its compensation are made in accordance with current legislation.

2.3. The employee does not bear financial liability if the damage is caused through no fault of his own.

2.4. This Agreement comes into force from the moment of its signing. This Agreement applies to the entire period of work with property and other material assets of the Employer entrusted to the Employee in the prescribed manner.

2.5. This Agreement has been drawn up in two copies of equal legal force, the first of which is kept by the Employer, and the second by the Employee.

Resolution of the Ministry of Labor of the Russian Federation dated December 31, 2002 N 85 “On approval of lists of positions and work replaced or performed by employees with whom the employer can enter into written agreements on full individual or collective (team) ...

Appendix No. 2

to the Ministry Resolution

labor and social development

Russian Federation

STANDARD FORM OF AGREEMENT

ABOUT FULL INDIVIDUAL MATERIAL RESPONSIBILITY

_____________________________________________________________, (name of company) hereinafter referred to as the “Employer”, represented by the manager ______________(surname, ____________________ or his deputy ___________________________, first name, patronymic) (last name, first name, surname) acting on the basis _______________________________________, (charter, regulations, power of attorney) on the one hand, and ________________________________________________ (Job title) __________________________________________________________________ _________________________________________________________________, (Full Name) hereinafter referred to as "Employee", on the other hand, have concluded this Agreement as follows.

1. The Employee assumes full financial responsibility for the shortage of property entrusted to him by the Employer, as well as for damage incurred by the Employer as a result of compensation for damage to other persons, and in connection with the above undertakes:

a) treat with care the property of the Employer transferred to him for the implementation of the functions (responsibilities) assigned to him and take measures to prevent damage;

b) promptly inform the Employer or immediate supervisor about all circumstances that threaten the safety of the property entrusted to him;

c) keep records, draw up and submit in the prescribed manner commodity-money and other reports on the movement and balances of the property entrusted to him;

d) participate in the inventory, audit, and other verification of the safety and condition of the property entrusted to him.

2. The employer undertakes:

a) create for the Employee the conditions necessary for normal work and ensuring the complete safety of the property entrusted to him;

b) familiarize the Employee with the current legislation on the financial liability of employees for damage caused to the employer, as well as other regulatory legal acts (including local ones) on the procedure for storage, reception, processing, sale (release), transportation, use in the production process and carrying out other transactions with the property transferred to him;

c) carry out inventory, audits and other checks of the safety and condition of property in the prescribed manner.

3. Determination of the amount of damage caused by the Employee to the Employer, as well as damage incurred by the Employer as a result of compensation for damage to other persons, and the procedure for their compensation are made in accordance with current legislation.

4. The employee does not bear financial responsibility if the damage is caused through no fault of his own.

5. This Agreement comes into force from the moment of its signing. This Agreement applies to the entire period of work with the Employer’s property entrusted to the Employee.

6. This Agreement is drawn up in two copies of equal legal force, one of which is kept by the Employer, and the second by the Employee.

7. Changes in the terms of this Agreement, addition, termination or termination of its validity are carried out by written agreement of the parties, which is an integral part of this Agreement.

Signing an agreement on financial liability, on the one hand, is the right of the employee; on the other hand, an unlawful refusal to sign it may entail the risk for the employee of being fired due to non-compliance with the requirements of the position (work). The legislator has determined a list of works and a list of categories of employees with whom the employer has the right to conclude such an agreement. Based on the approved standard form of the agreement, the employer can develop an individual sample agreement on the employee’s financial liability.

Limited financial liability under an employment contract

The employee's financial liability arises only if the employer suffers losses due to the employee's fault. In this case, losses must be associated only with damage to property, including its loss, deterioration in condition compared to normal depreciation, or with the employer’s costs of restoring, acquiring or repairing damaged property.

As a general rule, an employee’s financial liability is limited. Liability is limited to direct actual damage and is subject to compensation within the limits of average earnings.

The employee's obligation to compensate for damage occurs:

only if the employee is at fault,
regardless of the existence of an employment relationship at the time the damage was discovered.

General provisions on limited liability are contained in articles - 241 of the Labor Code of the Russian Federation.

In practice, in the employment contract, employers provide a section devoted to the grounds for bringing to liability, specifying the procedure for bringing to liability.

However, if the rules on full financial responsibility apply to the employee, then simply indicating information about this in the employment contract itself will not be enough - an independent agreement on financial responsibility must be concluded.

Full financial responsibility of the employee

The grounds for applying full financial liability to an employee are strictly regulated by labor legislation (Articles 242 - 244 of the Labor Code of the Russian Federation). The legal consequence of its occurrence is the employee’s obligation to compensate direct damage in full.

The conditions for the occurrence of such liability are:

the presence in the staffing table of professions included in the list of works regulated by the legislator,
hiring certain categories of workers who have reached the age of eighteen,
jobs and categories of workers are associated with the maintenance or use of commodity/monetary assets or other property.

These circumstances automatically entail the obligation of the parties to enter into an agreement on full financial liability.

The lists of positions and works were approved by Resolution of the Ministry of Labor dated December 31, 2002 No. 85.

The same document contains a standard form of an agreement on full financial liability (Appendix No. 2).

Accordingly, if your employer does not have the jobs and categories of employees listed in the resolution of the Ministry of Labor, or the employee is hired for another position, and the employer still insists on concluding an agreement on liability, then his actions are illegal, and such an agreement is void.

Sample agreement on employee financial responsibility

In a liability agreement, the parties specify the obligations of each party and the conditions for the occurrence of such liability, including:

what each party should do in order to preserve the property entrusted to it;
under what circumstances the employee is considered guilty or, conversely, can be released from liability.

The law does not limit the parties to the possibility of making additions to the standard form of a liability agreement, but only to the extent that the additions made are aimed at improving the situation of the employee, and not vice versa.

The sample provided will help you correctly draw up an agreement on the employee’s financial responsibility.

Sample agreement on employee financial responsibility